▪ Requires regulators to consider potential effects on T&E species during permitting process

▪ Must evaluate whether they are present

▪ If present, will there be any effects?

▪ Each plant or animal type has particular set of rules about when protective measures need to be placed in permit

▪ Terrestrial species typically only require protections when present within footprint of activity or within a buffer zone of habitat features (roost trees, hibernacula, etc.)

▪ Aquatic species require protections if project is within a certain distance upstream and/or if the project disturbs an upstream drainage area greater than a given size

Species Scientific Name

Eastern cougar Felis concolor cougar*

Indiana bat Myotis sodalis

Virginia big-eared bat Corynorhinus townsendii virginianus

Northern long-eared bat Myotis septentrionalis

Cheat Mountain salamander Plethodon nettingi

Diamond darter Crystallaria cincotta

Madison Cave isopod Antrolana lira

Species Scientific Name

Clubshell mussel Pleurobema clava

Fanshell mussel Cyprogenia stegaria

James spiny mussel Pleurobema collina

Pink mucket mussel Lampsilis abrupta

Rayed bean mussel Villosa fabalis

Sheepnose mussel Plethobasus cyphyus

Spectaclecase mussel Cumberlandia monodonta

Species Scientific Name

Snuffbox mussel Epioblasma triquetra

Tubercled blossom pearly mussel Epioblasma torulosa torulosa

Guyandotte River crayfish Cambarus veteranus

Big Sandy crayfish Canbarus callainus

Flat-spired three toothed land snail Triodopsis platysayoides

Harperella Ptilimnium nodosum

Northeastern bulrush Scirpus ancistrochaetus

Species Scientific Name

Running buffalo clover Trifolium stoloniferum

Shale barren rock cress Boechera serotina

Small whorled pogonia Isotria medeoloides

Virginia spiraea Spiraea virginiana

Gray bat Myotis grisescens

Rusty Patched Bumble Bee Bombus affinis

Species Scientific Name Proposed FY

Timeframe

Candy darter Etheostoma osburni FY17

Hellbender Cryptobranchus alleganiesis FY18

Longsolid (mussel) Fusconaia subrotunda FY18

Round hickorynut (mussel) Obovaria subrotunda FY18

Brook floater (mussel) Alasmidonta varicosa FY18

Elk River crayfish Cambarus elkensis FY18

Tippecanoe Darter Etheostoma tippecanoe FY18

Species Scientific Name Proposed FY Timeframe

Yellow banded bumblebee Bombus terricola FY18

Monarch butterfly Danaus plexippus FY19

Cobblestone tiger beetle Cicindela marginipennis FY19

Longhead darter Percina macrocephala FY19

Cooper’s cave amphipod Stygobromus cooperi FY20

Green floater (Mussel) Lasmigona subviridis FY20

Minute cave amphipod Stygobromus parvus FY20

Morrison’s cave amphipod Stygobromus morrisoni FY20

Species Scientific Name Proposed FY Timeframe

South Branch Valley cave beetle Pseudanopthalmus potomaca FY20

West Virginia spring salamander Gyrinophilus subterraneus FY20

Cannulate cave isopod Caecidotea cannula FY21

Dry Fork Valley cave beetle Pseudanopthalmus montanus FY21

Bluestone sculpin Cottus sp. FY22

Regal fritillary Speyeria idalia FY22

Golden-winged warbler Vermivora chrysoptera FY23

Little brown bat Myotis lucifugus FY23

Species Scientific Name Proposed FY Timeframe

Salamander mussel Simpsonaias anbigua FY23

Streamside salamander Ambystoma barbouri FY23

Frosted elfin butterfly Callphrys irus FY23

Northern red-bellied cooter Pseudemys rubriventris FY23

Spotted turtle Clemmys guttata FY23

Wood turtle Glyptemys insculpta FY23

• Federally listed as endangered in 1973

• Hibernate during winter in caves with cool

humid but with stable temps < 50 F but above

freezing

• Hibernate for 6 months and survive off of

stored fat

• After hibernation, migrate to summer habitat

where they roost under loose tree bark of

dead-dying trees

• Males roost alone, females roost in maternity

colonies of up to 100 bats

• Females bear 1 pup per year, mothers

nurse young

• Young stay with maternity colony for

entirety of first summer

• Females only leave roost to feed

• Indiana bats feed on flying insects along

rivers, lakes, forest edges and corridors

• Found in few locations across state

• Hellhole caverns designated critical

habitat

▪ Human disturbance during hibernation

▪ Cave can support up to 50,000 bats

▪ White-nose syndrome (WNS)

▪ Fungus ID’d in 2006

▪ Added tremendous stress to bat populations, killing up to 90% of infected cave residents

▪ Disturbs hibernation leading to starvation

▪ Summer habitat loss and degradation

▪ Problem in WV?

▪ Federally listed as threatened April 2, 2015

▪ Life history similar to Indiana bats but does not habitually hibernate in large colonies like M. sodalis

▪ Feed primarily in forest understory and edge

▪ Widespead across eastern U.S. and Canada

▪ Lifespan up to18 years

▪ Are found in every survey conducted state-wide

▪ Assume presence

▪ White nose syndrome

▪ One of most abundant species in WV prior to WNS

▪ Dramatic declines in population led to federal listing

▪ Wind farms

▪ Summer habitat loss/degradation

▪ WV?

▪ If project is <40 acres and not within any known T&E buffers, a closure letter will be provided to the applicant

▪ If project is >40 acres the applicant will be given the option to “Assume Presence” or perform surveys

▪ If the applicant “Assumes Presence” a Protection and Enhancement Plan (PEP) is required and the “Range-wide Indiana bat Protection and Enhancement Plan Guidelines for Surface Coal Mining Operations” should be followed to complete a report

▪ Tree Clearing restrictions

▪ October 15 to March 31within known summer habitat

▪ November 15 to March 31 with known hibernacula

▪ Provide roosting habitat

▪ Girdling trees >9”dbh

▪ Bat boxes or Brandon bark

▪ Staged tree removal

▪ Create watering areas or be within ½ of watering areas

▪ PMLU of forestland and 70% or greater reforestation

▪ If an occupied known maternity roost is discovered, no tree clearing shall occur within 150’ of the roost tree from June 1 to July 31.

▪ If a known NLEB hibernacula is discovered no tree clearing within ¼ mile of the hibernacula.

▪ If the applicant performs surveys, they must achieve 42 net nights of effort per 123 acres of forested habitat. ($$$$$)

▪ Conduct Acoustic Surveys▪ Detection likely due to technological limitations (Myotis spp.)

▪ All T&E species captured or recorded during survey efforts must be reported within 48 hours to WVDEP, WVDNR and USFWS.

▪ If listed species found, ▪ Produce a PEP

▪ “Big C” consultation.

▪ If no T&E species ▪ Report with survey results to WVDEP

▪ Closure letter is provided.

▪Herbaceous Ground Cover

▪Trees Species Selection

▪Minimum of 6 different species

▪Four must have exfoliating bark

▪Travel Corridors

▪Restoring Stream Buffer Zones

▪Off-site Habitat Mitigation Measures

▪No PMLU of Forestland or Fish and Wildlife

▪Note the PEPs written for the Indiana bat will also protect the NLEB. The “Range-wide Guidelines” are more stringent than the northern long-eared bat (4)d Rule.

▪ Considered same species until 2014

▪ Big Sandy crayfish listed as threatened and Guyandotte River crayfish listed as endangered in May 2016

▪ Life history requirements are the same

▪ Morphological and genetic differences are basis for splitting species

▪ Found in 3rd order and larger streams (>12 feet wide)

▪ Require slab boulder habitat with minimal sedimentation of interstitial spaces

▪ Opportunistic omnivores/scavengers

▪ Habitat requirements reliably predict presence to date

▪ Guyandotte River Crayfish purportedly sensitive to waters with conductance > 460 uS/cm

▪ Clear Fork

▪ Laurel Fk/Clear Fork

▪ Pinnacle Creek

GUYANDOTTE RIVER CRAYFISH

BIG SANDY CRAYFISH

▪ Tug Fork River

▪ Pigeon Creek

▪ Laurel Ck/Pigeon Ck

▪ Panther Creek

▪ Dry Fork/Tug Fork River

▪ Habitat degradation due to sedimentation and embeddedness of stream substrates

▪ Tertiary burrowing crayfish, must utilize what’s available

▪ Driven by all types of human-driven landuse changes

▪ Many unregulated or underregulated sources

▪ Ongoing surveys range-wide in 2018 to determine extent of presence of both species

▪ OSM inspectors in field looking for sediment contributions

▪ WVDEP-OSM study being initiated to determine turbidity and TSS ranges within Clear Fork/Guyandotte River (Oceana)

▪ Identify major contributors of sediment

▪ Monitor outlets to quantify contributions

▪ Use “Guide to Consideration of Potential Mining-related Impacts on the Guyandotte River and Big Sandy River crayfishes”.

▪ Habitat Assessment on Third Order and larger Streams.

▪ Survey Streams with Potential Habitat.

▪ Most mussels are protected within the state of WV whether they are federally listed or not. ALL native populations are protected

▪ Invasive species are not protected

▪ Mussel surveys must be preformed if the watershed area above the impact point is (10 mi²) or larger.

▪ Surveys can only be done May 1 to October 1

▪ Proposed for Listing on October 3, 2017 as threatened.

▪ Comments on listing were accepted until December 4, 2017.

▪ Impending federal listing as threatened

▪ Located within the Upper Kanawha River basin

▪ Bluestone, Lower New, Gauley, Greenbrier, Upper New River HUC 8 watersheds

Variegate darter

Candy darter

fertile Hybrid

Hybridization

▪ Benthic fish that lives in swift, shallow riffles

▪ Requires coarse substrates with minimal sedimentation

▪ Found in moderate gradient, cool water second-order and larger streams and rivers in heavily forested watersheds

▪ Benthic invertivores, diet consists mainly of aquatic benthic macroinvertebrates such as mayflies and caddisflies

▪ Short life cycle, reaches sexual maturity in two years and typical life expectancy is three years

▪ Adults breed between late April and June, rear juveniles over summer and fall and overwinter with young

▪ Brood-hiding benthic spawner, female deposits eggs in pebble/gravel surrounded by cobble where males fertilize them

▪ Lay multiple clutches but a low number of eggs per clutch

▪ Hatch between 5-25 days depending on water temperature

▪ Intolerant of embeddedness of riffle substrates

▪ Uncommon in pool habitats

▪ Historical range largely reduced due to habitat degradation

▪ Often found in trout-stocked cool/cold water streams where they are subject to predation

▪ Hybridization with variegate darter is dominant threat to continued existence

▪ Variegate darters introduced above Kanawha Falls purportedly by bait bucket introduction, first discovered in 1980’s

▪ Variegate darter utilizes similar habitat as candy darter

▪ Mating produces fertile offspring which, due to a few short generations dilute candy darter genes out of the population leaving only variegate darters

▪ Hybridization in Greenbrier and lower Gauley

▪ Dams prevent spread of variegate into Upper Gauley and middle/upper sections of the New

▪ Preventing transfer is vital to continued existence of candy darter

▪New Permits

▪Amendments

▪Not Started Renewals

▪Significant Permit Revisions

▪IBR’s if WVDNR Lands inquiry is checked for rare, threatened or endangered. Check with HQ staff biologist

▪Filled out MR-27 Form in H-4

▪Proposal/Drainage Map in Maps Section

▪WVDNR Lands Inquiry Response in H-2

▪Everything mentioned within the WVDNR Lands Inquiry should be discussed within Section H-5 of the Permit.

▪Surveys reports or Survey Summary Sheets (If survey completed) in H-4

▪Protection and Enhancement Plans (PEPs) (If completed) in H-4

▪Initial response from HQ in H-4

▪Closure letter from HQ in H-4

▪Everything mentioned above should be within the permit for the record.